SEARCH AND SEIZURE

SEARCH AND SEIZURE

po5771Adopted May 1, 2002Revised March 11, 2025

5771 - SEARCH AND SEIZURE

  1. The Board recognizes that the privacy of students or their belongings may not be violated by unreasonable search and seizure and directs that no student be searched without reasonable suspicion or in an unreasonable manner.
  2. The Board acknowledges the need for in-school storage of student possessions and may provide storage places, including desks and lockers, for that purpose. Such spaces remain the property of the Board and in accordance with law, may be the subject of a search upon reasonable suspicion that a prohibited or illegally possessed substance or object is contained therein. Where lockers are provided for such places, students may lock them against incursion by other students, but in no such places shall students have such an expectation of privacy as to prevent examination by a school official.
  3. School authorities are charged with the responsibility of safeguarding the safety and well-being of the students in their care. In the discharge of that responsibility, school authorities may search the person, property, or vehicle of a student, with or without the student's consent, whenever they reasonably suspect that the search is required to discover evidence of a violation of law or of school rules. The extent of the search will be governed by the seriousness of the alleged infraction and the student's age. This authorization to search shall also apply to all situations in which the student is under the jurisdiction of the Board.
  4. Search of a student's person or intimate personal belongings shall be conducted by a person of the student's gender (if available), in the presence of another staff member of the same gender (if available), and only in exceptional circumstances when the health or safety of the student or of others is immediately threatened.
  5. Administrators are authorized to arrange for the use of a breath-test instrument for the purpose of determining if a student has consumed an alcoholic beverage. It is not necessary for the test to determine blood-alcohol level since the Board has established a zero tolerance for alcohol use.
  6. Administrators are permitted to conduct a random search of any student's locker and its contents at any time, providing proper notice has been posted in the locker areas of each building.
  7. The Board also authorizes the use of canines, trained in detecting the presence of drugs or devices, when the Superintendent has reasonable suspicion that illegal drugs or devices may be present in a school. The means of detection shall be used only to determine the presence of drugs in locker areas and other places on school property where such substances could be concealed. Canine detection will be conducted by law enforcement authorities or with organizations certified in canine detection and is not to be used to search individual students unless a warrant has been obtained prior to the search. The Board has adopted the use of specially trained single purpose canines to be utilized for this purpose around students and/or staff. District Security reserves the authority to request canines specifically trained in explosive detection, search and rescue, or other disciplines when circumstances justify the need.
  8. Except as provided below, a request for the search of a student or a student's possessions will be directed to the principal or designee who shall first seek the freely offered consent of the student to the inspection. However, consent is not required for search subject to reasonable suspicion. Whenever possible, a search will be conducted by the principal or designee, in the presence of the student, another staff member, and/or a law enforcement officer. A search prompted by the reasonable belief that health and safety are immediately threatened will be conducted with as much speed and dispatch as may be required to protect persons and property and consent is not a requirement.  If the search is for weapons, the District's Active Assailant Response Procedures shall be relied upon as a guide.  Refusal of a reasonable suspicion search will be presumptive confirmation of violation to be handled pursuant to the disciplinary guidelines of the Code of Student Conduct.   
  9. Any search of a student’s personal belongings, including a purse, backpack, or bookbag, must be conducted discreetly to maintain the privacy of the student’s personal items within such belongings. Personal items that are not prohibited on school grounds must be immediately returned to the student’s personal belongings.
  10. The principal or designee shall be responsible for the prompt recording in writing of each student search, including the reasons for the search; information received that established the need for the search and the name of informant, if any; the persons present when the search was conducted; any substances or objects found; and the disposition made of them. The school resource officer or local law enforcement officer shall be responsible for the custody, control, and disposition of any illegal or dangerous substance or object taken from a student.
  11. The Superintendent shall prepare administrative procedures to implement this policy.

Revised 6/30/20
Revised 3/12/24
Revised 3/11/25

© Neola 2023